Thrift shops caught in tough spot with new lead law

PHOTO BY ROB BENCHLEY Seconds Shop manager Karen Murphy has pulled nearly all the children's clothing and toys from her store shelves except for a random few stuffed animals. For years, many families have relied on second hand shops to save money on clothes for their children and in these dire economic times those inexpensive sources have become even more important.

However, last month a new law was passed that has virtually eliminated thrift store clothing and some toys for children 12 years old or younger.

As of Feb. 10, the federal Consumer Product Safety Improvement Act took effect, prohibiting stores from selling children's clothing, jewelry and painted wooden or metal toys containing lead in excess of a new standard of 600 parts per million or soft plastic toys that carry a phthalates chemical level beyond 1,000 parts per million.

None of the island's three thrift stores received official notice on the ban, and their managers expressed confusion over compliance with the law. Although second hand stores and small retailers are not required to test and certify lead and chemical levels in their inventory, if they sell products not conforming to the law they may be subject to steep civil or criminal penalties. State attorney general's offices are charged with enforcement.

At issue with children's clothing are items with rhinestones, metal zippers, snaps and other closures, and cheaply made jewelry. To be on the safe side, Seconds Shop manager Karen Murphy has pulled nearly all the children's clothing and toys from her store shelves except for a random few stuffed animals.

"How many people are going to comply with it? A lot of people aren't even aware of the law. I don't know how they can enforce it, and why didn't we get notified?" Murphy wondered, saying that she learned of the law from a relative who read about it in a newspaper article.

The law also prohibits the sale of recalled items. Murphy has downloaded several lists of recalled products going back to 2007, as well as a list of safe toys.

Joyce Holdgate, owner of The Consignment Shop, said she has not received any information about the law and does not know what to do except use her own judgment on what to sell.

"The toys I knew about, especially toys from China that have lead in them so I just don't sell them. The children's jewelry is mostly from China so I'm not going to sell it. Some of it is common sense," said Holdgate. "You'll find it hard to do something with a thrift shop because it's hard times now and people need that source. If [officials] don't send out fliers how are they going to enforce that? Why make an issue unless you're notified? I certainly don't sell anything I think will hurt anyone. I'm ver y careful with what I take.

"A lot of people are out of work now, and you can't see kids going without clothes. These kinds of stores save these kids," she continued. "If they cut out children's clothing here they've cut out a way of getting through this crisis. That's why I'm so careful. If I can help somebody I want to do it. We're trying not to expose our children to anything that's bad."

Carol Chaves is in charge of donations for the Hospital Thrift Shop. She said the new law was just brought to her attention at a March 9 board meeting. She said the board needs to have a special meeting prior to its April 6 donations opening and the shop's sales season that begins May 18. Her main concern is the effect the law, no matter how well intentioned, will have on needy families with young children.

"We have a lot of people who depend on the thrift store for their children's clothing. When you stop to think about it, how many things come in with zippers? We get a lot of stuff. If I can't sell it, yes it will hurt our sales, but I have to do the research so we are in compliance," said Chaves.

"It's the mom and pop [stores] that get stuck with this when it should have been enforced before with the people who make it," she added. "It's going to make things difficult in hard economic times. It doesn't make sense. We're trying to help people. We serve the public and we want to do it properly and comply with the laws — if we understand the laws."

The law states that as of Aug. 14, 2009 the lead restriction will drop to 300 parts per million. A guidance outline for resellers of children's products published by the U.S. Consumer Product Safety Commission and available on the Web site cpsc.gov, lists four practices suggested for thrift stores before potentially harmful items are sold: test products using a person trained to operate an XRay Fluorescence machine; refuse to accept a questionable item or dispose of any already in inventory; use best judgment, or; contact the manufacturer for content information. I